Employment Tribunals deal with disputes between workers and employers, ranging from unfair dismissal and discrimination to unpaid wages. However, not every workplace disagreement will give you the right to bring a claim, and strict time limits apply.
Understanding whether you may have an Employment Tribunal claim and taking advice early can help you protect your position.
What is an Employment Tribunal?
An Employment Tribunal is an independent judicial body that decides disputes relating to employment law.
You may be able to make a claim against an employer, former employer, potential employer or, in some circumstances, another individual or organisation if you believe they have acted unlawfully.
You do not have to pay a fee to submit an Employment Tribunal claim.
What can you make an Employment Tribunal claim about?
There are many different types of Employment Tribunal claims. Some of the most common include:
- Unfair dismissal – where you believe your employer did not have a fair reason to dismiss you or failed to follow a fair process
- Discrimination – where you have been treated unlawfully because of a protected characteristic such as age, disability, race, religion or belief, sex or sexual orientation
- Unlawful deductions from wages – where your employer has failed to pay money you were entitled to receive
- Redundancy disputes – including certain claims relating to redundancy pay or the fairness of a redundancy dismissal
- Breach of contract – certain contractual claims arising when employment ends
- Whistleblowing – where you have suffered dismissal or detrimental treatment because you made a protected disclosure
- Holiday pay disputes
- Claims relating to certain family and employment rights, such as maternity or other statutory leave.
The rights available to you can depend on whether you are legally classed as an employee, worker or another type of individual.
Can you claim for unfair dismissal?
Employees may be able to bring an unfair dismissal claim where they believe they were dismissed without a fair reason or their employer failed to follow an appropriate procedure.
Whether you qualify to bring a claim will depend on the circumstances, including the reason for dismissal and the employment rights that apply to you. Currently you will need 2 years service to be eligible to bring a claim, however this will reduce to 6 months from 1 January 2027.
Some types of dismissal receive additional legal protection. For example, dismissals connected with whistleblowing or exercising certain statutory rights can be automatically unfair. No length of service is required for these types of claims.
If you have recently been dismissed, it is worth seeking advice promptly so the reason for dismissal and the procedure followed can be reviewed.
Can you make a claim while you are still employed?
Yes. Employment Tribunal claims are not limited to people who have lost their job.
You might remain employed while bringing a claim involving issues such as:
- Discrimination
- Harassment
- Unlawful deductions from pay
- Whistleblowing detriment
- Holiday pay
- Other breaches of employment rights.
You may also have the option of raising a grievance internally before taking further action.
Do you need to raise a grievance first?
It can often be sensible to try to resolve a workplace problem internally before making an Employment Tribunal claim.
For example, you might raise a formal grievance about discrimination, harassment or another workplace concern. If you have been dismissed, your employer may provide an appeal process.
However, an internal grievance or appeal does not stop the Employment Tribunal time limit from running. You should therefore avoid waiting for an internal procedure to finish if this could mean missing your deadline.
What are the time limits for making an Employment Tribunal claim?
Employment Tribunal time limits are strict.
For claims where the relevant event occurs before 1 October 2026, most claims currently have a time limit of three months minus one day. Some claims, including statutory redundancy pay and equal pay claims, have a limit of six months minus one day.
From 1 October 2026, the time limit for most Employment Tribunal claims increases to six months minus one day where the relevant time limit starts on or after that date.
Exactly when the clock starts depends on the type of claim. For example, for unfair dismissal it will generally run from the effective date your employment ends, while a discrimination claim will usually run from the discriminatory act complained of.
Because calculating deadlines can become complicated, you should seek advice as early as possible.
What is ACAS Early Conciliation?
Before making most Employment Tribunal claims, you must first notify ACAS.
ACAS will usually offer Early Conciliation, which gives you and your employer an opportunity to try to resolve the dispute without going to Tribunal. This early conciliation period can last up to 12 weeks.
If you notify ACAS within the relevant time limit, Early Conciliation pauses the Tribunal time limit while the process takes place, effectively extending the timeline for submitting a claim. If no agreement is reached, ACAS issues an Early Conciliation certificate that will usually be needed when submitting your Tribunal claim.
You are responsible for ensuring your claim is made in time.
What happens if you make an Employment Tribunal claim?
If you proceed with a claim, you will set out your case in an ET1 claim form.
Your employer will normally be given an opportunity to respond. The Tribunal may then set directions covering matters such as exchanging documents, preparing witness statements and arranging hearings.
Many disputes are resolved before reaching a final hearing through negotiation, ACAS conciliation or a settlement agreement.
If the case does proceed to a hearing, the Tribunal will hear evidence from both sides before reaching its decision.
When should you seek employment law advice?
You should consider seeking advice early if you believe you may have been unlawfully dismissed, discriminated against, underpaid or otherwise treated in breach of your employment rights.
Obtaining advice can help you understand whether you have a potential claim, what evidence may be important, the value and risks of pursuing it and the deadline that applies.
DTM Legal’s Employment & HR team advises employees and senior executives on Employment Tribunal claims, unfair dismissal, discrimination, workplace disputes and employment exits.
If you believe you may have an Employment Tribunal claim, contact DTM Legal’s Employment & HR team as soon as possible to discuss your circumstances and the options available.